Flood Relief?

What are your legal options after your house or business floods because of faulty government infrastructure? Historically, Mississippi property owners have found themselves in less-than-ideal situations. Insurance policies often contain flood exclusions, or at least impose serious restrictions on what types of flooding are covered and the amount of recovery that is available. And making a claim with the city or county tended to be a long-shot because of government immunity.

Recently though, Mississippi appellate decisions have begun to open the door for potential relief from the local government. A Court of Appeals decision from earlier this week is the newest example. The homeowners said the City of Pearl was negligent in inspecting and maintaining a drainage ditch and culvert. The court held that governments weren't immune from this type of negligence claim. The court also suggested that Pearl's reactive approach to maintenance--waiting until someone complains--was not reasonable.

There are still plenty of difficulties in proving these claims, as the dissent in the case well-illustrates. But these recent decisions provide at least some hope for property owners. Even better, the cases should persuade cities and counties to do their best to get out in front of these wastewater and stormwater problems.